U.S. v. SOTO

No. 89-2254.

918 F.2d 882 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe Cervantes SOTO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 8, 1990.


Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender, and Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

William L. Lutz, U.S. Atty., and Presiliano Torrez, Asst. U.S. Atty., for plaintiff-appellee.

Before TACHA and BALDOCK, Circuit Judges, and CHRISTENSEN, District Judge.


TACHA, Circuit Judge.

Defendant-appellant, Guadalupe Cervantes Soto (Soto), pleaded guilty to possession with intent to distribute less than five hundred grams of cocaine and aiding and abetting in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and 18 U.S.C. § 2. Soto requested a downward departure from the sentencing guidelines based on the possibility he might be subject to deportation under 8 U.S...

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